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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
A.R. Shivaram – Appellant
Versus
Anirudh V. – Respondent
ORDER :
Pradeep Singh Yerur, J.
Heard learned counsel for petitioners and learned counsel for respondents.
2. Parties are referred to as per their status before the trial Court.
3. This petition is filed by the petitioners, who are proposed defendant Nos.8, 9 and 10 before the trial Court seeking to implead themselves as defendants in a suit for partition filed by respondent Nos.1 and 2, who are the plaintiffs before the trial Court.
4. It is stated that the impleading applicants have filed an application under Order I Rule 10 of CPC to implead themselves as defendant Nos.8 to 10 in O.S.1990/2018. The affidavit was also annexed to the said application, wherein at para-6, it is stated as under:
"6. I submit that we have joined all sites together measuring 7200 sq ft and we have put construction in 26000 sq.ft with ground plus 3 floors and a temporary structure for canteen in 4th floor by taking necessary permissions from competent authorities and the joint khata is accepted and taxes are accessed to the building and Applicants are in peaceful possession and enjoyment of the property. The Copy of photos are produced herewith for the kind perusal of this Hon'ble court."
5. Accordingly, the i
In proceedings for partition, parties with potential rights to the property are necessary for adjudication to ensure complete justice and fair representation.
The court allows the impleadment of parties in partition suits when they provide sufficient evidence of ownership despite prior non-production of documents.
The court's discretion to implead a third party as a defendant in a partition suit after the passing of a preliminary decree is guided by factors such as whether the third party's rights are affected....
A necessary party is one without whom no effective decree can be passed; a plaintiff has the discretion to choose parties in a suit.
A party not seeking relief cannot be compelled to add a stranger to the suit, affirming the plaintiff's discretion in litigation under the Code of Civil Procedure.
Unregistered agreements do not create any right in favor of the parties and may not be admissible in evidence.
Purchasers of property in a partition suit may seek impleadment to assert equity; Section 52 of Transfer of Property Act permits their inclusion in ongoing litigation for effective adjudication.
The main legal point established in the judgment is that unregistered agreements to sell do not confer ownership rights in immovable property, and the validity of such agreements is determined by the....
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